My order sacking Ikpeazu stands- Justice Okon Abang
Tue Jul 05, 2016 01:05:pm National
2.1K By Buchi Obichie
An application seeking to set aside the enrolled order of the judgment that sacked Governor Okezie Ikpeazu of Abia State from office, was dismissed for lack of merit on Tuesday, by the Federal High Court in Abuja.
Also on Monday, the Presiding Judge of the Federal High Court, Owerri, Justice A. I. Alagoa, fixed July 8 to deliver judgment on the tax forgery suit filed against Ikpeazu by a chieftain of Peoples Democratic Party, PDP, in Abia State, Mr. Friday Nwosu.
Ruling on the application, Justice Okon Abang who issued the order which sacked Ikpeazu from office on June 27 in the first place, maintained that all the orders contained in that judgment subsist until they are set aside by the appellate court.
Justice Abang gave the ruling on a day the embattled Governor, through his team of four Senior Advocates of Nigeria, led by Chief Wole Olanipekun, SAN, applied for an order restraining the beneficiary of the verdict, Mr. Uche Ogah, and the Independent National Electoral Commission, INEC, from executing the judgment.
Ikpeazu had been ordered to vacate his office, while INEC was given an order to immediately issue a fresh certificate of return to Ogah, who came second in the Governorship primary election of the PDP, by Justice Abang on June 27.
Although INEC had since issued certificate of return to Ogah, another court in Abia State had restrained the Chief Judge from swearing him in.
While praying the court to set aside its June 27 order, Olanipekun urged the court to take judicial notice that INEC issued certificate of return to Ogah on June 30, despite the fact that it was served with Ikpeazu's notice of appeal and application for stay of execution at exactly 12:50 p.m on June 28.
He contended that INEC acted wrongly by going ahead to issue the certificate to Ogah, two days after it was served with the appeal processes.
Olanipekun told the court that his client had filed "a comprehensive and elaborate notice of appeal," and was "desirous of speedy and expeditious determination of the matter."
However, Ogah, who was represented by five SANs, led by Dr. Alex Iziyon, urged the court to refuse Ikpeazu's prayer for stay of execution of the judgment.
According to Ogah, his swearing-in was prevented by Ikpeazu, who obtained a restraining order from another high court at Osisioma in Abia State.
He stressed that Ikpeazu got the restraining order from the high court in Abia when his motion for stay of execution was already pending before the court in Abuja.
"Where a party has taken to self-help, your lordship should refuse to indulge them further," he argued.
Responding, Olanipekun said it was Ogah and INEC that "deliberately and calculatively resorted to self-help in order to frustrate both the motion for stay of execution and the pending appeal."
He relied on Order 4 Rule 1(2) of the Judgment Enforcement Rules to argue that there should have been a timeline for enforcement of the June 27 verdict that removed his client.
Olanipekun insisted that by issuing certificate of return to Ogah, despite the pending appeal against the judgment, INEC had illegally tampered with the case.
He also prayed the court to adjourn hearing on the motion for stay of execution until Thursday to enable him respond to a further affidavit filed by Ogah.
On its part, INEC lawyer, Mr. Alhassan Umar, told the court that the commission had already issued certificate of return to Ogah as it was ordered to do, before it was served with Ikpeazu's motion for stay.
Umar said though the certificate was signed on June 28, it was, however, handed to Ogah two days later.
According to INEC lawyer, "My lord ordered the 3rd defendant to issue certificate of return forthwith and upon service of the order, my lord, on June 28, the 3rd defendant issued a certificate of return accordingly.
"The certificate of return was issued before we were served with the motion on June 28. We had issued the certificate upon being served with the court order. But the actual presentation of the certificate was on June 30. But we had complied with the order of my lord.
"We had no difficulty to issue the certificate because election matters aresui-generis. Where the law intends that an appeal should operate as a stay, it is expressly provided so. In our view, this matter is not regulated by Section 143 of the Electoral Act."
In his ruling, Justice Abang refused to set aside the order containing the judgment against Ikpeazu, even as he adjourned hearing on the motion for stay of execution till Thursday.
The judge said he would on that day also decide on an application by Ogah seeking to set aside the restraining order of the High Court in Abia State, as well as an application asking him to set aside the certificate of return INEC issued to Ogah.
Justice Abang held that the enrolment order against Ikpeazu was properly signed and issued.
The judge said though section 294 of the constitution allowed the court to get the judgment ready within seven days, he said the registry ensured it was available in four days, owing to pressure from Ikpeazu.
He said: "I had jurisdiction to sign the enrolment order as at the time I did so. The court cannot order a sitting Governor to vacate his office just for fun. We are here to settle dispute and I am not afraid to take decision.
The Judge further cautioned those spinning stories in the media, saying, "Therefore, those going to the media to misinterpret the decision of the court when they have not even taken out time to study the 131-page judgment should take caution."
Also on Monday, the Presiding Judge of the Federal High Court, Owerri, Justice A. I. Alagoa, fixed July 8 to deliver judgment on the tax forgery suit filed against Ikpeazu by a chieftain of Peoples Democratic Party, PDP, in Abia State, Mr. Friday Nwosu.
Ruling on the application, Justice Okon Abang who issued the order which sacked Ikpeazu from office on June 27 in the first place, maintained that all the orders contained in that judgment subsist until they are set aside by the appellate court.
Justice Abang gave the ruling on a day the embattled Governor, through his team of four Senior Advocates of Nigeria, led by Chief Wole Olanipekun, SAN, applied for an order restraining the beneficiary of the verdict, Mr. Uche Ogah, and the Independent National Electoral Commission, INEC, from executing the judgment.
Ikpeazu had been ordered to vacate his office, while INEC was given an order to immediately issue a fresh certificate of return to Ogah, who came second in the Governorship primary election of the PDP, by Justice Abang on June 27.
Although INEC had since issued certificate of return to Ogah, another court in Abia State had restrained the Chief Judge from swearing him in.
While praying the court to set aside its June 27 order, Olanipekun urged the court to take judicial notice that INEC issued certificate of return to Ogah on June 30, despite the fact that it was served with Ikpeazu's notice of appeal and application for stay of execution at exactly 12:50 p.m on June 28.
He contended that INEC acted wrongly by going ahead to issue the certificate to Ogah, two days after it was served with the appeal processes.
Olanipekun told the court that his client had filed "a comprehensive and elaborate notice of appeal," and was "desirous of speedy and expeditious determination of the matter."
However, Ogah, who was represented by five SANs, led by Dr. Alex Iziyon, urged the court to refuse Ikpeazu's prayer for stay of execution of the judgment.
According to Ogah, his swearing-in was prevented by Ikpeazu, who obtained a restraining order from another high court at Osisioma in Abia State.
He stressed that Ikpeazu got the restraining order from the high court in Abia when his motion for stay of execution was already pending before the court in Abuja.
"Where a party has taken to self-help, your lordship should refuse to indulge them further," he argued.
Responding, Olanipekun said it was Ogah and INEC that "deliberately and calculatively resorted to self-help in order to frustrate both the motion for stay of execution and the pending appeal."
He relied on Order 4 Rule 1(2) of the Judgment Enforcement Rules to argue that there should have been a timeline for enforcement of the June 27 verdict that removed his client.
Olanipekun insisted that by issuing certificate of return to Ogah, despite the pending appeal against the judgment, INEC had illegally tampered with the case.
He also prayed the court to adjourn hearing on the motion for stay of execution until Thursday to enable him respond to a further affidavit filed by Ogah.
On its part, INEC lawyer, Mr. Alhassan Umar, told the court that the commission had already issued certificate of return to Ogah as it was ordered to do, before it was served with Ikpeazu's motion for stay.
Umar said though the certificate was signed on June 28, it was, however, handed to Ogah two days later.
According to INEC lawyer, "My lord ordered the 3rd defendant to issue certificate of return forthwith and upon service of the order, my lord, on June 28, the 3rd defendant issued a certificate of return accordingly.
"The certificate of return was issued before we were served with the motion on June 28. We had issued the certificate upon being served with the court order. But the actual presentation of the certificate was on June 30. But we had complied with the order of my lord.
"We had no difficulty to issue the certificate because election matters aresui-generis. Where the law intends that an appeal should operate as a stay, it is expressly provided so. In our view, this matter is not regulated by Section 143 of the Electoral Act."
In his ruling, Justice Abang refused to set aside the order containing the judgment against Ikpeazu, even as he adjourned hearing on the motion for stay of execution till Thursday.
The judge said he would on that day also decide on an application by Ogah seeking to set aside the restraining order of the High Court in Abia State, as well as an application asking him to set aside the certificate of return INEC issued to Ogah.
Justice Abang held that the enrolment order against Ikpeazu was properly signed and issued.
The judge said though section 294 of the constitution allowed the court to get the judgment ready within seven days, he said the registry ensured it was available in four days, owing to pressure from Ikpeazu.
He said: "I had jurisdiction to sign the enrolment order as at the time I did so. The court cannot order a sitting Governor to vacate his office just for fun. We are here to settle dispute and I am not afraid to take decision.
The Judge further cautioned those spinning stories in the media, saying, "Therefore, those going to the media to misinterpret the decision of the court when they have not even taken out time to study the 131-page judgment should take caution."
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